To amend selected statutes to clarify existing Federal law as to the treatment of students privately educated at home under State law.

July 15, 2003

Mrs. MUSGRAVE (for herself, Mr. BOEHNER, Mr. HOEKSTRA, Mr. SAM JOHNSON of Texas, Mr. DEMINT, Mr. WILSON of South Carolina, Mr. EHLERS, Mr. PITTS, Mrs. MYRICK, Mr. BARTLETT of Maryland, Mr. FRANKS of Arizona, Mr. KENNEDY of Minnesota, Mr. ADERHOLT, Mr. BRADY of Texas, Mr. GUTKNECHT, Mr. KING of Iowa, Mr. CRANE, Mr. MILLER of Florida, Mr. BEAUPREZ, Mr. CHABOT, Mr. DOOLITTLE, Mr. AKIN, Mr. JONES of North Carolina, Mr. TOOMEY, Mr. SMITH of Michigan, Mr. RYUN of Kansas, Mr. HOSTETTLER, Mr. PAUL, Mr. SOUDER, Mr. RYAN of Wisconsin, and Mr. WELDON of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend selected statutes to clarify existing Federal law as to the treatment of students privately educated at home under State law.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Home School Non-Discrimination Act of 2003'.

SEC. 2. FINDINGS.

The Congress finds as follows:

(1) The right of parents to direct the education of their children is an established principle and precedent under the United States Constitution.

(2) The Congress, the President, and the Supreme Court, in exercising their legislative, executive, and judicial functions, respectively, have repeatedly affirmed the rights of parents.

(3) Education by parents at home has proven to be an effective means for young people to achieve success on standardized tests and to learn valuable socialization skills.

(4) Young people who have been educated at home are proving themselves to be competent citizens in post-secondary education and the workplace.

(5) The rise of private home education has contributed positively to the education of young people in the United States.

(6) Several laws, written before and during the rise of private home education, are in need of clarification as to their treatment of students who are privately educated at home pursuant to State law.

(7) The United States Constitution does not allow Federal control of homeschooling.

SEC. 3. SENSE OF CONGRESS.

It is the sense of the Congress that--

(1) private home education, pursuant to State law, is a positive contribution to the United States; and

(2) parents who choose this alternative education should be encouraged within the framework provided by the Constitution.

SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND STUDENT ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965.

(a) CLARIFICATION OF INSTITUTIONAL ELIGIBILITY- Section 101(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is amended by inserting `meeting the requirements of section 484(d)(3) or' after `only persons' .

(b) CLARIFICATION OF STUDENT ELIGIBILITY- Section 484(d) of the Higher Education Act of 1965 is amended by striking the heading `STUDENTS WHO ARE NOT HIGH SCHOOL GRADUATES' and inserting `SATISFACTION OF SECONDARY EDUCATION STANDARDS'.

SEC. 5. CLARIFICATION OF THE CHILD FIND PROCESS UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Section 614(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(a)(1)) is amended by adding at the end the following:

`(D) EFFECT OF ABSENCE OF CONSENT ON AGENCY OBLIGATIONS- In any case for which there is an absence of consent for an initial evaluation under this paragraph or for special education or related services to a child with a disability under this part--

`(i) the local educational agency shall not be required to convene an IEP meeting or develop an IEP under this section for the child; and

`(ii) the local educational agency shall not be considered to be in violation of any requirement under this part (including the requirement to make available a free appropriate public education to the child) with respect to the lack of an initial evaluation of the child, an IEP meeting with respect to the child, or the development of an IEP under this section for the child.'.

SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS ACCOUNT AS TO ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW.

(a) IN GENERAL- Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (relating to qualified elementary and secondary education expenses) is amended by adding at the end the following new subparagraph:

`(C) SPECIAL RULE FOR HOME SCHOOLS- For purposes of clauses (i) and (iii) of subparagraph (A), the terms `public, private, or religious school' and `school' shall include any home school which provides elementary or secondary education if such school is treated as a home school or private school under State law.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW.

Section 444 of the General Education Provisions Act (20 U.S.C. 1232g; also referred to as the Family Educational Rights and Privacy Act of 1974) is amended--

(1) in subsection (a)(5), by adding at the end the following:

`(C) For students in non-public education (including any student educated at home or in a private school in accordance with State law), directory information may not be released without the written consent of the parents of such student.';

(2) in subsection (a)(6), by striking `, but does not include a person who has not been in attendance at such agency or institution.' and inserting `, including any non-public school student (including any student educated at home or in a private school as provided under State law). This paragraph shall not be construed as requiring an educational agency or institution to maintain education records or personally identifiable information for any non-public school student.'; and

(3) in subsection (b)(1), by striking subparagraph (F) and inserting the following:

`(G) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, provided--

`(i) such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted; and

`(ii) for students in non-public education, educational records or personally identifiable information may not be released without the written consent of the parents of such student.'.

SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.

Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C.

END